PC 85-182RESOLUTIUN N0. PC85-182
A RESOLUTION OF THE ANAHEIM CITY PLANNING COt4MISSION
THAT PETZTION FOR VARiANCE NO. 3497 BE GRANTED, IN PAR4'
WHEREAS, the Anaheim City Planniny Commission did receive a verified
Petition for Variance from R08ERT A. FERRANTE, 2171 Campus Drive, irvine,
CaliEornia 92715, owner, and MICHAEL K. FRAZIEk, 4712 Tucana, Yorba Linda,
Califocnia 9268G, agent for certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
PARCEL 1, 2, 3 AND 4 ICI THE CITY OF ANAHF.IM, COUNTY OF
ORANGF~ STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED
IN ROOK 120 PAGES 22 AND 23 OF PARCEL MAPS 1N TFIE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the City Planning Comm.ission did hold a public hearing at
the Civic Center in the City of Anaheim on July S, 1985, at 1:30 p.m., notice
of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municioal Code, Chapter 18.03,
to hear and consider evidence for and agz~inst said proposed vaciance and to
inveskigate and make findings and recommendations in connection therewith;
said public hearing having been continued to the Planr.ing Commissic+n meeting
oE Auyu:;t 5, 1985; and
WiiEREAS, said Commission, a£ter due inspection, investigation and
study made by itself and in its behalE, and after due corsideration oE all
evidence and repocts offesea at said hearing, does find and deter.mir.e the
followin9 facts:
1. That the petitioner proposes ~aivers of the Eollcwiny to expand
an existin9 commercial center:
(a) SECTIONS 18.~6.U50.0212,, - Minimum num5er of parkinq space~.
18.06.050.022z (393 soacR+s ~nn~~rn~; ?qA prop0.^.0d)
18.06.OSU.0221,
18.Oo.U50.0231,
18.06.080
ANA 18.44.066.050
(b) SECTIONS 18.84.062.013 - Minimum land~caped setback.
AND 18.64.062.014 (2~ feet fullv landscaped adiacent to
Old Santa Ana Canyon Road cequired;
0-to 2G-feet proposed)
2. That the above-mentioned waiver (a) is hereby granted on the
basis that the parking waiver will not cause an increase in traffic congestion
in the immediate vicinity nor adversely affect any adjoirzng land uses and
grantin9 of the packing wai~er under the conditions imposed, ;f any, will not
be det[imental to the peace, health, safety and general welfare of the
citizens of the City oE Anaheim.
OSdSr PC85-182
3. That the cequested waiver (b) is hereby denied on the basis
that strict application of the Zoning Code will not deprive the propecty of
privileges enjoyed by other propecties in identical zoning classification in
the vicinity and that approval could establish an undesirable precedent.
4. That the proposed variance is hereby yranted subject to the
petitiuner's stipulation at the public hParing that no new restaurants or
medical ofEice uses nor any additions to existing restaurants or medical
offices shall be pecmitted.
5. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
p~tition.
BNVIRONMENTAL IMPACT FINDiNG: That the Anaheim City Planning
Commission has reviewed the proposal to expand an existing commercial center
with waivers of minimum number of parking sr.aces and minimum landscaped
setback on an irregulacly-shaped parcel of land consisting of approximately 5
acres located at tne northwest cornec of Santa Ana Canyon Road and Lmperial
~ighway, and further described as 5565 to 5595 East Santa Ana Canyon Road; and
does heceby approve the Negative Declaration upon finding that it has
considered the Negative Declaration together with any comments received during
the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the
project will tave a significant effect on the environmer.~.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject prupecty in ordec to preserve the safety and
general welfare oE the Citizens of the Citl of Anaheim:
1. That drainage o1 subject property shall be disposed of in a manner
satisfactory to the City Engineer.
2. That prior to commencement of structnral framina, firr hvdrants
snall be installed and charged as required and determined to be
necessary by the Chi=f of the Pire Department.
3. That trash storaae areas shall be provided and maintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
4. That, as specified in Ariaheim Municipal Code Section No.
18.84.062.032, no roof-mounted equipment, whatsoever, shall be
permitted.
5. That the proposal shall comply with all signing requirements of the
CL(SC) Zone, unless a variance allowing sign ~aaivers is approved by
the Planning Commission or City Council.
6. That any proposed parking area lighting fixtures shal.l be
down-lighted with a maximum height of L2 feet. Said lighting
fixtures shall be directed away from adjacent property lines to
protect the residential integrity uf the area.
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7• That any specimen tree removal shall be subject to the tree
preservation reyulations in Chapter 18.84 of the Anaheim Municipal
Code, the "SC" Scenic Corridur Uverlay Zone.
8. That subject property shail be developed ~ubstantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 through 4.
9. That prior to issuance ot a building permit, or within a period of
one year Lrom the date of this resol~:tion, whichever occurs first,
Condition No. 8, above-mentioned, shall be complied with.
Extensions for furL-her time to compiete said conditions may be
granted in accordance with Section 18.~3.090 of the Anaheim
Municipal Code.
10. That prior to final building and zoning inspections, Condition Nos.
1, 3, 6 arsd 9, above-mentioned, sha11 be complied with.
11. That no restaurants or meaical office uses nor any additions to
existing restaurants or medical offices shall be permitted.
BG LT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and a11 of the conditions
hereinabove set forth. Should any such condition, or any part thereof, be
~eclared invalid or ur~enforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals hErein
contained, shall be deemed nu11 and void.
THE FORF.COIf7G RESOLUTLON is signed and appruved by me this Sth day
of August, 1985. /.
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ATTESt': CHAIRr~~nHrv~ ANAHEiM CITY PLANNING COMMLSSION
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SECRETARY~ ANAHEiM CITY PLANNING COMh1iSSI0N
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIPI )
i, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certiPy that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on August 5,
1985, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FP.Y, LA CLAIRE, LAWiCKI~ MC BURNEY
NOES: COFIFIISSIONERS: HERBST
ABSENT: COPIMZSSIONERS: MESSE
IN WtTNESS WHEREO[', i tiave hpteunto set my hand thi.s 5th day of
August, ?985.
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SECRETARY~ ANAHEZM CiTY PLANNINC COt•1MISSION
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